The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002

Planning functions

7.—(1) The functions exercisable by a planning authority under the provisions of–

(a) Parts II (but only in respect of functions in relation to local plans), III to X and XII to XIV of the Town and Country Planning (Scotland) Act 1997;

(b) the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(1); and

(c) the Planning (Hazardous Substances) (Scotland) Act 1997(2),

shall, in relation to the area of the National Park, transfer to and be exercisable by the Authority and not by any local authority.

(2) So far as may be necessary for the purpose or in consequence of the exercise of a function by the Authority by virtue of paragraph (1) above, any enactment and any other instrument or document shall be read as if references to a planning authority (however described) were or included references to the Authority.

(3) Without prejudice to paragraph (2) above, the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983(3) shall be amended in accordance with the following paragraph.

(4) After paragraph (2) of regulation 4 there shall be inserted–

“(3) In the case of a planning authority preparing a structure plan in respect of an area which comprises the whole or part of the area of the Loch Lomond and The Trossachs National Park Authority the planning authority shall also consult the Loch Lomond and The Trossachs National Park Authority.

(4) Where paragraph (2) above applies in relation to the preparation of a local plan by the Loch Lomond and The Trossachs National Park Authority, the word “other” where it occurs at subparagraph (a)(i) shall be deleted.”.

(5) Notwithstanding the provisions of paragraph 16(1) of schedule 1 to the 2000 Act, the Authority shall establish a committee for the purposes of exercising the planning functions conferred on it by this Order and a majority of the members of that committee shall consist of members of the Authority who are–

(a) elected by virtue of an election held under paragraph 3(2) of schedule 1 to the 2000 Act; or

(b) members of a local authority.

(1)

1997 c. 9.

(2)

1997 c. 10.

(3)

S.I. 1983/1590.